(1) It is not necessary for the state to negate any exemption or exception in ORS 475.005 to 475.285 and 475.840 to 475.980 in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under ORS 475.005 to 475.285 and 475.840 to 475.980. The burden of proof of any exemption or exception is upon the person claiming it.
(2) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under ORS 475.005 to 475.285 and 475.840 to 475.980, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(3)(a) When a controlled substance is at issue in a criminal proceeding before a grand jury, at a preliminary hearing, in a proceeding on a district attorney’s information or for purposes of an early disposition program, it is prima facie evidence of the identity of the controlled substance if:
(A) A sample of the controlled substance is tested using a presumptive test for controlled substances;
(B) The test is conducted by a law enforcement officer trained to use the test or by a forensic scientist; and
(C) The test is positive for the particular controlled substance.
(b) When the identity of a controlled substance is established using a presumptive test for purposes of a criminal proceeding before a grand jury, a preliminary hearing, a proceeding on a district attorney’s information or an early disposition program, the defendant, upon notice to the district attorney, may request that the controlled substance be sent to a state police forensic laboratory for analysis.
(4) Notwithstanding any other provision of law, in all prosecutions in which an analysis of a controlled substance or sample was conducted, a certified copy of the analytical report signed by the director of a state police forensic laboratory or the analyst or forensic scientist conducting the analysis shall be admitted as prima facie evidence of the results of the analytical findings unless the defendant has provided notice of an objection in accordance with subsection (5) of this section.
(5) If the defendant intends to object at trial to the admission of a certified copy of an analytical report as provided in subsection (4) of this section, not less than 15 days prior to trial the defendant shall file written notice of the objection with the court and serve a copy on the district attorney.
(6) As used in this section:
(a) “Analyst” means a person employed by the Department of State Police to conduct analysis in forensic laboratories established by the department under ORS 181.080.
(b) “Presumptive test” includes, but is not limited to, chemical tests using Marquis reagent, Duquenois-Levine reagent, Scott reagent system or modified Chen’s reagent. [1977 c.745 §23; 1989 c.194 §1; 1995 c.440 §6; 1997 c.346 §1; 2001 c.870 §14; 2003 c.538 §1; 2007 c.636 §1]
Note: The amendments to 475.235 by section 2, chapter 636, Oregon Laws 2007, become operative January 2, 2010. See section 5, chapter 636, Oregon Laws 2007. The text that is operative on and after January 2, 2010, is set forth for the user’s convenience.
475.235. (1) It is not necessary for the state to negate any exemption or exception in ORS 475.005 to 475.285 and 475.840 to 475.980 in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under ORS 475.005 to 475.285 and 475.840 to 475.980. The burden of proof of any exemption or exception is upon the person claiming it.
(2) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under ORS 475.005 to 475.285 and 475.840 to 475.980, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(3)(a) When a controlled substance is at issue in a criminal proceeding before a grand jury, at a preliminary hearing, in a proceeding on a district attorney’s information or for purposes of an early disposition program, it is prima facie evidence of the identity of the controlled substance if:
(A) A sample of the controlled substance is tested using a presumptive test for controlled substances;
(B) The test is conducted by a law enforcement officer trained to use the test or by a forensic scientist; and
(C) The test is positive for the particular controlled substance.
(b) When the identity of a controlled substance is established using a presumptive test for purposes of a criminal proceeding before a grand jury, a preliminary hearing, a proceeding on a district attorney’s information or an early disposition program, the defendant, upon notice to the district attorney, may request that the controlled substance be sent to a state police forensic laboratory for analysis.
(4) As used in this section, “presumptive test” includes, but is not limited to, chemical tests using Marquis reagent, Duquenois-Levine reagent, Scott reagent system or modified Chen’s reagent.
Section: Previous 475.175 475.185 475.188 475.190 475.205 475.215 475.225 475.235 475.245 475.255 475.265 475.275 475.285 475.295 475.300 NextLast modified: August 7, 2008